Earlier this week, the House Natural Resources Committee held a hearing to discuss Endangered Species Act (ESA) reform. The hearing focused on four bills that seek to require data and spending transparency under the ESA.
As previously reported, an ESA Congressional working group released a final report stating that the ESA is not working. The proposed bills are a result of that final report. Despite a general agreement that the 40-year old ESA should be updated, the hearing displayed the divide between Republicans and Democrats over how to do so.
One of the bills discussed at the hearing, H.R. 4315, would require the Secretary of the Interior to publish the best scientific and commercial data available used to support a listing decision. Currently, not all data is released to the public, such as proprietary information. According to a report by Emily Yehle from E&E news, critics of the bill claim that the scope of its reach is too broad. For example, sometimes information is classified data from the U.S. Department of Defense. H.R. 4317, seeks to define the best scientific and commercial data available to include all data submitted by a State, tribal, or county government. Critics claim this bill would presume that data from a State, tribal, or county government is the best data available, thus negating the purpose of requiring use of the best available data – regardless of its source.
Additionally, H.R. 4316, would require the U.S. Fish and Wildlife Service to disclose the amount of funds expended in ESA-related lawsuits, the number of employees dedicated to litigation efforts, and any attorneys’ fees paid to successful litigants. H.R. 4318, would limit reimbursement of attorneys’ fees to $125 per hour.
Katrina (Diaz) Wu is an eminent domain and real estate litigation attorney focusing primarily on eminent domain, inverse condemnation, tort, regulatory takings, and real estate and business valuation matters. Katrina also ...
Nossaman’s Endangered Species Law & Policy blog focuses on news, events, and policies affecting endangered species issues in California and throughout the United States. Topics include listing and critical habitat decisions, conservation and recovery planning, inter-agency consultation, and related developments in law, policy, and science. We also inform readers about regulatory and legislative developments, as well as key court decisions.
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